In all legislation the law should be fully and explicitly set forth,
that perfection, and not partiality, may be secured. For, in the
formation of the laws, not the sophisms of argument, but the virtue
of justice should ever prevail. And here is required not what may be
prompted by controversy, but what energy and vigor demand; for the
violation of morals is not to be coerced by the forms of speech, but
restrained by the moderation of virtue.
=II. What the Law Is.=
The law is the rival of divinity; the oracle of religion; the source of
instruction; the artificer of right; the guardian and promoter of good
morals; the rudder of the state; the messenger of justice; the mistress
of life; the soul of the body politic.
=III. What the Law Does.=
The law rules every order of the state, and every condition of man;
it governs wives and husbands; youth and age; the learned and the
ignorant; the polished and the rude. It aims to provide the highest
degree of safety for both prince and people, and, in renown and
excellence, it is as conspicuous as the noon-day sun.
=IV. What the Law Should Be.=
The law should be plain, and not lead any citizen to commit error or
fraud. It should be suitable to the place and the time, according to
the character and custom of the state; prescribing justice and equity;
consistent, honorable, worthy, useful, and necessary; and it should
be carefully noted whether its provisions are framed rather for the
convenience, than for the injury, of the public; so that it may be
determined whether it sufficiently provides for the administration of
justice; whether or not it appears to be contrary to religion, and
whether it defends the right, and may be observed without detriment to
any one.
=V. Why the Law is Made.=
Laws are made for these reasons: that human wickedness may be
restrained through fear of their execution; that the lives of innocent
men may be safe among criminals; and that the temptation to commit
wrong may be restrained by the fear of punishment.
=VI. How the Law Should Triumph over Enemies.=
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